- 1 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12711 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOSHIN KHAN S/O NOWSHIR KHAN AGED ABOUT 60 YEARS, OCC.-BUSINESS, R/AT- D.NO. 934/1, 2ND CROSS, BEHIND VDYANINI SCHOOL, HARIHARA, DAVANGERE- 577601 (V.O. DATED 09.09.2025 - PETITIONER NO.1 DELETED) 2. SYED PATHE AHAMAD S/O SYED RIYAZ AHAMAD, R/AT- 1ST MAIN, 4TH CROSS, LABOUR COLONY, HARIHARA, DAVANGERE-577601. …PETITIONERS (BY Smt.POOJA KATTIMANI, ADVOCATE FOR SRI. DINESHKUMAR RAO K., ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY TOWN POLICE STATION HARIHARA 577601 (REPRESENTED BY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001) …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE PETITIONER No.2 ON BAIL IN CRIME. NO.144/2025 OF HARIHARA TOWN POLICE STATION, DAVANGERE, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT, AT DAVANGERE (REGISTERED OFFENCES UNDER SECTION 20(b)(ii) (B) OF N.D.P.S. ACT 1985). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioner accused No.2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.144 of 2025 of Harihara Town Police Station registered for offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. Subsequently, the petition filed by petitioner No.1/accused No.1 came to be dismissed as not pressed. Now the petition remains for - 3 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 consideration with respect to petitioner No.2/accused no. 2. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. 3. The learned counsel for the petitioner would contend that, accused No.1 has been granted bail by a co- ordinate Bench of this Court in Criminal Petition No.12428 of 2025 by order dated 16.09.2025. The petitioner is also similarly placed to that of accused No.1, and therefore, he is entitled for grant of bail on the ground of parity. The petitioner No.2/accused No.2 is a student. He is not having any criminal antecedents. He is ready to cooperate for further investigation, and abide by any terms and conditions to be imposed by this Court. With this, she prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, the - 4 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 quantity of ganja seized is more than small quantity and lesser than commercial quantity. The investigation is in progress. The accused No.2 is having criminal antecedents. With this, he prayed to reject the petition. 5. It is the case of prosecution that on 02.08.2025 at about 12:30 p.m., on receiving a credible information that two persons are involved in selling ganja, the police along with Panchas and a Gazetted Officer went near Jodu Basaveshwar Temple, Harihara Town, Davanagere and apprehended accused Nos.1 and 2 and seized 1150 gms of Ganja, digital scale, stapler with pin box, blue colour bag, plastic covers and a Honda Activa bearing registration No.KA-17-EP-3138. 6. As per prosecution, both the accused are indulged in selling ganja to the public. It is alleged that no contraband was found, when the accused were searched but ganja was found concealed beneath the driver's seat of the scooter. - 5 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 7. In the order dated 16.9.2025 passed in Crl.P No.12428/2025 by this Court has observed as under: "6. A perusal of the Mahazar shows that seized ganja contained leaves, flower, seeds, buds etc. Total quantity is said to be 1150 grams. It is not forthcoming as to the exact quantity of ganja seized in this case as defined under Section 2(iii)b of the NDPS Act. Be that as it may, Ganja allegedly seized in this case is not a commercial quantity. No criminal antecedents against the petitioner are brought to the notice of the Court. Petitioner has been arrested and interrogated. He is not required for further interrogation. He is said to be a permanent resident of Harihara town in Davangere. He has undertaken to furnish adequate surety to ensure his regular presence before the trial court. Hence, by imposing suitable conditions, petitioner can be enlarged on bail." 8. The petitioner/accused No.2 is also similarly placed to that of accused No.1, who has been granted bail. Therefore the petitioner is entitled for grant of bail on ground of parity. He is stated to be a student aged 23 years, and has no criminal antecedents. He is ready to cooperate with the investigation, and abide by any terms and conditions to be imposed by this Court. - 6 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 9. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner/accused No.2 is granted bail in Crime No.144 of 2025 of Harihara Town Police Station, registered for offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985 subject to following conditions: a) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of jurisdictional Court. b) The petitioner/accused No.2 shall co- operate with the Investigating Officer in the investigation. c) The petitioner/accused No.2 shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 7 - HC-KAR NC: 2025:KHC:45184 CRL.P No. 12711 of 2025 e) The petitioner/accused No.2 shall not directly or indirectly tamper with the prosecution witnesses. f) The petitioner/accused No.2 shall not indulge himself in committing any offence. g) The petitioner/accused No.2 shall appear before the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. Violation of any of the above conditions shall result in cancellation of bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 9